JUDGMENT :

(Pamidighantam Sri Narasimha, J.)

1. The sole appellant herein was tried along with another accused for the murder of one Samsher Singh and convicted under Section 302 read with Section 34 of the Indian Penal Code, 1860 for murder and sentenced to rigorous imprisonment for life by the Trial Court¹[The Additional Sessions Judge Kaithal in Sessions Case No. 43 of 2004 dated 31.08.2007]. In appeal, the High Court of Punjab & Haryana²[In Criminal Appeal No. 805-DB 2007 dated 05.09.2009], by the judgment impugned herein dismissed the appeal and confirmed the conviction and sentence. Thus, the present appeal.

2. The case of the prosecution is that while the Assistant Sub- Inspector Balbir Singh, later examined as PW-21 was with other police officials on duty at Deyod Kheri Village, Jind-bypass road, Kaithal, on 11.04.2004, the complainant-Sunil Kumar Bhura (later examined as PW-20) met him and got his statement (EX.PY) recorded. The statement had that he is a resident of Nehru Garden Colony, Kaithal and the deceased-Shamsher Singh is related to him, being son of his paternal aunt. PW-20 was in business of real estate and was living in Adarsh Nagar, Kaithal. The previous day, tha